Ballew v. Georgia
Ballew v. Georgia is a significant Supreme Court case that addresses the constitutional requirements for jury size in misdemeanor cases. Traditionally, juries in the Anglo-American legal system have comprised twelve members. However, the state of Georgia sought to implement a five-person jury system for misdemeanor trials, motivated by considerations of efficiency and cost. The Supreme Court unanimously ruled that a jury size of fewer than six members is inconsistent with due process rights. The majority opinion, delivered by Justice Harry A. Blackmun, emphasized that reducing the jury size undermines the effectiveness of group deliberation and fails to ensure a representative cross-section of the community. This ruling reaffirmed the necessity of having at least six jurors to effectively fulfill the fundamental roles of a jury in the justice system. Ballew v. Georgia thus played a crucial role in shaping the standards for jury composition and underscored the importance of maintaining a fair judicial process.
Ballew v. Georgia
Date: March 21, 1978
Citation: 435 U.S. 223
Issue: Jury size
Significance: The Supreme Court held that juries must be composed of a minimum of six persons.
Historically, the Anglo-American trial jury has been composed of twelve members. In Williams v. Florida (1970), nevertheless, the Supreme Court approved of the use of six-person juries in all noncapital cases. The state of Georgia, attempting to save time and money, instituted a five-person jury for misdemeanor cases. By a 9-0 vote, the Court ruled that five-person juries were inconsistent with the demands of due process. Justice Harry A. Blackmun’s opinion for the majority cited studies showing that the purpose and functioning of the jury “is seriously impaired” if the size is reduced to less than six members. Blackmun concluded that at least six jurors was necessary to promote group deliberation and to “to provide a representative cross section of the community.”
![Robert Templeton Drawings and sketches related to the trial of Bobby Seale and Ericka Huggins, New Haven, Connecticut. By Beinecke Library [CC-BY-SA-2.0 (http://creativecommons.org/licenses/by-sa/2.0)], via Wikimedia Commons 95329151-91905.jpg](https://imageserver.ebscohost.com/img/embimages/ers/sp/embedded/95329151-91905.jpg?ephost1=dGJyMNHX8kSepq84xNvgOLCmsE2epq5Srqa4SK6WxWXS)
